Tvl.Freddy Fish Events and Photography v. The Commercial Tax Officer

Order Mrs.K.Vasanthamala, learned Government Advocate takes notice for the Respondent.

¶2This Writ Petition is being disposed of at the stage of admission itself with the consent of the learned counsel for the Petitioner and the learned Government Advocate for the Respondent.

¶3In this Writ Petition, the Petitioner has challenged the impugned Order dated 29.01.2024, which was preceded by a Show Cause Notice in GST DRC-01 dated 27.10.2023 wherein the Petitioner was called upon to appear for personal hearing. However, the Petitioner had not taken advantage of the same and thus, suffered the impugned Order dated 29.01.2024.

¶4It is noticed that the limitation for filing an appeal under Section 107 of the respective GST enactments, 2017 against the impugned Order has already expired. The present Writ Petition has been filed only on 23.03.2026.

¶5At this stage, the learned counsel for the Petitioner submits that the Petitioner is willing to pre-deposit 50% of the disputed tax as a condition for denovo adjudication. Page3 of 6

¶6The learned counsel for the Petitioner has also made an endorsement to that effect in the Court bundle, which is extracted hereunder:- " The Petitioner undertake to deposit 50% of tax demanded"

¶7In view of the above, the case is remitted back to the Respondent to pass a fresh order on merits subject to the Petitioner depositing 50% of the disputed tax in cash or from the Petitioner's Electronic Cash Register within a period of thirty (30) days from the date of receipt of a copy of this order.

¶8Within such time, the Petitioner shall also file a reply to the Show Cause Notice in GST DRC-01 dated 27.10.2023 together with requisite documents to substantiate the case by treating the impugned Order dated

29.01.2024 as an addendum to the Show Cause Notice dated 27.10.2023.

¶9In case the Petitioner complies with the above stipulations, the Respondent shall proceed to pass a final order on merits and in accordance with law as expeditiously as possible, preferably, within a period of three (3) months of such reply/pre-deposit. Subject to the Petitioner complying with the above stipulations, the attachment of the bank account of the Petitioner if any, shall also stand automatically vacated. Page4 of 6

¶10It is made clear that bank attachment shall be lifted subject to the Petitioner depositing 50% of the disputed tax as ordered above and the Petitioner not being in arrears of any other amount for any other tax period barring the amount demanded under the impugned Order.

¶11In case the Petitioner fails to comply with any of the stipulations, the Respondent is at liberty to proceed against the Petitioner to recover the tax in accordance with law as if this Writ Petition was dismissed in limine today.

¶12Needless to state, before passing any such order, the Respondent shall give due notice to the Petitioner.

¶13This Writ Petition stands disposed of with the above observations. No costs. Connected Writ Miscellaneous Petitions are closed. 27-03-2026 Index: Yes/No Speaking/Non-speaking order Vv Page5 of 6 To The Commercial Tax Officer Commercial Taxes Building, Dr.Balsundaram Road, Coimbatore 641 018. Page6 of 6 C.SARAVANAN J. VV 27-03-2026 Page7 of 6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-03-2026 CORAM THE HON'BLE MR JUSTICE C. SARAVANAN AND WMP NO. 12723 and 12724 of 2026 Tvl.FREDDY FISH EVENTS AND PHOTOGRAPHY GSTIN.33AOQPV5061A1ZX, Represented by its Proprietor Venkatesh Vijaymohan, 44, Kasthuribai Gandhi Nagar ST 1, Varadharajapuram, Coimbatore, Tamil Nadu-641 015 ..Petitioner(s) Vs The Commercial Tax Officer Commercial Taxes Building, Dr.Balsundaram Road, Coimbatore 641 018. ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, call for the records pertaining to the impugned Order in Form GST DRC 07 bearing reference no. ZD3301241356101/2020- 2021 dated 29.01.2024 issued by the Respondent and quash the same and pass. For Petitioner(s): Mr.G.Derrick Sam For Respondent(s): Mrs.K.Vasantha Mala Government Advocate Page2 of 6